Home Court Advantage: Protecting Providers Against Venue Shopping
Have You Heard About PA’s Venue Ruling?
PA’s Supreme Court enabled venue shopping in 2023, allowing cases to be filed in more plaintiff-friendly counties. A new appellate decision gives providers a way to keep cases at home, if the right venue-selection language is in the patient's paperwork.
Positive’s Chief Claims Officer, Cobie Buchman, spoke with Karyn Rienzi, Esq. (the attorney who successfully argued the case) about the impact and next steps.
View or download the Q&A here.
What's The Bottom Line?
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- If patient paperwork already includes a venue-selection clause, providers can move to transfer cases out of the plaintiff-friendly county and back to the county where the care was provided.
- Going forward, have new and returning patients sign paperwork with this clause.
Advised Clause Sample Language
“The patient agrees that any legal claims related to treatment provided by [Provider/Practice Name] will be brought only in the Court of Common Pleas of [County, State], where [Provider/Practice Name] is located.”
Questions?
Reach out to Cobie Buchman, Chief Claims Officer at cbuchman@positivephysicians.com